Scales of justice

THE reason that Kenneth Clarke is proving to be such an unpopular Justice Secretary is not because of his many gaffes, or some of his Ministry’s more glaring errors. It is because this liberal-minded politician is prepared to challenge traditional orthodoxies on law and order.

The trend of successive Conservative and Labour governments to order judges to jail even more offenders became a competition to see which party could be the “toughest” on crime.

Despite falling levels of crime, it has also led to a burgeoning jail population that is unsustainable – and reoffending rates which are out of control. In short, prison is not working.

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Mr Clarke’s intention is to cut the number of short-term prison sentences that perpetuate a costly cycle of reoffending, and to place a greater emphasis on community punishments. His failure is one of communication, and an inability to take the argument to his dissenters who contend, vociferously, that the coalition has become soft on crime. Yet, according to the Howard Legal for Penal Reform, there is merit to the Government’s approach with many inmates expressing concern that short-term sentences do not give them sufficient time to undertake training or vocational courses that might assist their rehabilitation.

This viewpoint is re-enforced by the more recalcitrant criminals who regard strictly supervised community work as far more draconian than a spell in a prison where they have no living costs or obligations to society.

Of course, a balance needs to be struck. There will always be crimes that will require custodial sentences because of their seriousness. However, there can be alternatives – and the onus is on Mr Clarke to be far more pro-active in explaining the merits of community punishments, and how these can appease society and, just as importantly, the victims of the crimes perpetuated.

If he can, both society – and the taxpayer - will be better off as a result.

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